#22-8050 R (Scale Calibrators, LLC) FIXED TERM SERVICE
MULTI-CONTRACTOR AWARD AGREEMENT
# 22-8050R
for
Scale Preventative Maintenance and Repairs
THIS AGREEMENT, made and entered into on this f ' day of 1\1Dt1 rib62 2023 ,
by and between Scale Calibrators, LLC
authorized to do business in the State of Florida, whose business address is
16110 Kingsmoor Way, Miami Lakes, FL 33014 , (the "Contractor")
and Collier County, a political subdivision of the State of Florida, (the "County"):
WITNESSETH:
1. AGREEMENT TERM. The Agreement shall be for a three ( 3 ) year period,
commencing • upon the date of Board approval; or { { on and
terminating on three ( 3 ) year(s) from that date or until all outstanding Purchase
Order(s) issued prior to the expiration of the Agreement period have been completed or
terminated.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for
two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give the
Contractor written notice of the County's intention to renew the Agreement term prior to
the end of the Agreement term then in effect.
The County Manager, or his designee, may, at his discretion, extend the Agreement
under all of the terms and conditions contained in this Agreement for up to one hundred
and eighty (180) days. The County Manager, or his designee, shall give the Contractor
written notice of the County's intention to extend the Agreement term prior to the end of
the Agreement term then in effect.
2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon
issuance of a 0 Purchase Order ❑ .
3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the
terms and conditions of ❑ ■ Invitation to Bid (ITB) ❑
Qthcr ( )# 22-8050R
including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal
referred to herein and made an integral part of this Agreement.
n The Contractor shall also provide services in accordance with Exhibit A — Scope of
Services attached hereto.
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3.1 This Agreement contains the entire understanding between the parties and any
modifications to this Agreement shall be mutually agreed upon in writing by the Parties,
in compliance with the County's Procurement Ordinance, as amended, and Procurement
Procedures in effect at the time such services are authorized.
3.2 n The procedure for obtaining Work under this Agreement is outlined in Exhibit A—
Scope of Services attached hereto.
3.3 ❑ The procedure for obtaining Work for this Agreement is outlinod in ❑ Other
Exhibit/Attachment:
3-4❑ •
4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of
this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price
methodology as defined in Section 4.1. Payment will be made upon receipt of a proper
invoice and upon approval by the County's Contract Administrative Agent/Project
Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local
Government Prompt Payment Act".
4.1 Price Methodology (as selected below):
n •
transferred from the County to the contractor; and, as a business practice there arc no
hourly or material invoices prosontod, rather, the contractor must perform to tho
cticfaction of tho County's project manager before payment for the fixed price contract
as-authori-zed,-
n Time and Materials: The County agrees to pay the contractor for the amount of labor
time spent by the contractor's employees and subcontractors to perform the work(number
of hours times hourly rate), and for materials and equipment used in the project (cost of
materials plus the contractor's markup). This methodology is generally used in projects in
which it is not possible to accurately estimate the size of the project, or when it is expected
that the project requirements would most likely change. As a general business practice,
these contracts include back-up documentation of costs; invoices would include number
of hours worked and billing rate by position (and not company (or subcontractor)
timekeeping or payroll records), material or equipment invoices, and other reimbursable
documentation for the project.
0 Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs,
including labor, materials, equipment, overhead, etc.) for a repetitive product or service
delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The
invoice must identify the unit price and the number of units received (no contractor
inventory or cost verification).
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4.2 Any County agency may obtain services under this Agreement, provided
sufficient funds are included in their budget(s).
4.3 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6) months
after completion of the Agreement. Any untimely submission of invoices beyond the
specified deadline period is subject to non-payment under the legal doctrine of "lashes"
as untimely submitted. Time shall be deemed of the essence with respect to the timely
submission of invoices under this Agreement.
4.4 The County, or any duly authorized agents or representatives of the County, shall
have the right to conduct an audit of Contractor's books and records to verify the accuracy
of the Contractor's claim with respect to Contractor's costs associated with any Payment
Application, Change Order, or Work Directive Change.
475 I I : Travel---and
Reimbursable Expenses must be approved in advance in writing by tho-G04:1-194 -4 a et
_ - - shall bo reimbursed as per Section 112.061 Fla. Stats.
Mileage _$0.411.5 per milo
Breakfast $6-88 _
$1-1.00
Dinner $497813
�e
class faro
Rontal car Actual rental cost limitod to compact or
standard size vehicles _
Actual cost of lodging at Ingle occupancy rate
with a cap of no more than $150.00 per night
Parking Actual cost of parking
Taxi or Airport Limousine Actual cost of either taxi or airport limousine
•
be
be
5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the performance
of the Work. Collier County, Florida as a political subdivision of the State of Florida, is
exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida
Statutes, Certificate of Exemption # 85-8015966531 C.
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Fixed Term Service Multi-Contractor Agreement 2022_Ver.3
6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if
mailed or emailed to the Contractor at the following:
Company Name: Scale Calibrators, LLC
Address: 16110 Kingsmoor Way
Miami Lakes, FL 33014
Authorized Agent: Rafael Diego
Attention Name & Title: Jannel Evora, General Manager
Telephone: (305) 821-1100 / (786) 546-6509
E-Mail(s): Jannel.Evora@scalecalibrators.com
All Notices from the Contractor to the County shall be deemed duly served if mailed or
emailed to the County to:
Board of County Commissioners for Collier County, Florida
Division Director: Kari A. Hodgson
Division Name: Solid & Hazardous Waste Division
Address: 3339 Tamiami Trail East, Suite 302
Naples, Florida 34112
Administrative Agent/PM: Robert Lee
Telephone: (239) 252-7953
E-Mail(s): Robert.Lee@colliercountyfl.gov
The Contractor and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an
agent of the County.
8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. The County
will not be obligated to pay for any permits obtained by Subcontractors.
Payment for all such permits issued by the County shall be processed internally by the
County. All non-County permits necessary for the prosecution of the Work shall be
procured and paid for by the Contractor. The Contractor shall also be solely responsible
for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons employed
by the Contractor.
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9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use
in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect
or hereafter enacted or adopted. In the event of such violation by the Contractor or if the
County or its authorized representative shall deem any conduct on the part of the
Contractor to be objectionable or improper, the County shall have the right to suspend the
Agreement of the Contractor. Should the Contractor fail to correct any such violation,
conduct, or practice to the satisfaction of the County within twenty-four (24) hours after
receiving notice of such violation, conduct, or practice, such suspension to continue until
the violation is cured. The Contractor further agrees not to commence operation during
the suspension period until the violation has been corrected to the satisfaction of the
County.
10. TERMINATION. Should the Contractor be found to have failed to perform his services in
a manner satisfactory to the County as per this Agreement, the County may terminate
said Agreement for cause; further the County may terminate this Agreement for
convenience with a thirty (30) day written notice. The County shall be the sole judge of
non-performance.
In the event that the County terminates this Agreement, Contractor's recovery against the
County shall be limited to that portion of the Agreement Amount earned through the date
of termination. The Contractor shall not be entitled to any other or further recovery against
the County, including, but not limited to, any damages or any anticipated profit on portions
of the services not performed.
11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to
race, sex, color, creed or national origin or any other class protected by federal or Florida
law.
12. INSURANCE. The Contractor shall provide insurance as follows:
A. ❑■ Commercial General Liability: Coverage shall have minimum limits of
$ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability
and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply
per project. This shall include Premises and Operations; Independent Contractors;
Products and Completed Operations and Contractual Liability.
B. U Business Auto Liability: Coverage shall have minimum limits of$ 1,000,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and
Employee Non-Ownership.
C. n Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws. The coverage must
include Employers' Liability with a minimum limit of $ 1 ,000,000 for each accident.
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a, .
this insurance. Such insurance shall have limit of not les.,than $ each
•
&-- (l :- age
chall have minimum limits of $ per claim.
67 ❑ : Coverage
shall have minimum limits of $ per claim.
.H.. ❑ :-Leverage
shall have minimum limits of $ per claim.
Special Requirements: Collier County Board of County Commissioners, OR, Board of
County Commissioners in Collier County, OR, Collier County Government shall be listed
as the Certificate Holder and included as an "Additional Insured" on the Insurance
Certificate for Commercial General Liability where required. This insurance shall be
primary and non-contributory with respect to any other insurance maintained by, or
available for the benefit of, the Additional Insured and the Contractor's policy shall be
endorsed accordingly.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. The Contractor shall
provide County with certificates of insurance meeting the required insurance provisions.
Renewal certificates shall be sent to the County thirty (30) days prior to any expiration
date. Coverage afforded under the policies will not be canceled or allowed to expire until
the greater of thirty (30) days prior written notice, or in accordance with policy provisions.
Contractor shall also notify County, in a like manner, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non-renewal or material change in
coverage or limits received by Contractor from its insurer, and nothing contained herein
shall relieve Contractor of this requirement to provide notice.
Contractor shall ensure that all subcontractors comply with the same insurance
requirements that the Contractor is required to meet.
13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor
shall defend, indemnify and hold harmless Collier County, its officers and employees from
any and all liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this
Agreement by Contractor, any statutory or regulatory violations, or from personal injury,
property damage, direct or consequential damages, or economic loss, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of the
Contractor or anyone employed or utilized by the Contractor in the performance of this
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Agreement. This indemnification obligation shall not be construed to negate, abridge or
reduce any other rights or remedies which otherwise may be available to an indemnified
party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
13.1 The duty to defend under this Article 13 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor,
County and any indemnified party. The duty to defend arises immediately upon
presentation of a claim by any party and written notice of such claim being provided to
Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive
the expiration or earlier termination of this Agreement until it is determined by final judgment
that an action against the County or an indemnified party for the matter indemnified
hereunder is fully and finally barred by the applicable statute of limitations.
14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Solid & Hazardous Waste Division
15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner with
the performance of services required hereunder. Contractor further represents that no
persons having any such interest shall be employed to perform those services.
16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following
component parts, all of which are as fully a part of the Agreement as if herein set out
verbatim: Contractor's Proposal, Insurance Certificate(s), ■ Exhibit A Scope of Services,
Exhibit B Fee Schedule, ❑ RF-P/0 ITB/❑ Other
#22-8050R , including Exhibits, Attachments and Addenda/Addendum, I I subsequent
giotos, and 0 Other Exhibit/Attachment: Federal Contract Provisions and Assurances
17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to
the terms of this Agreement.
18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County
Administrative Procedure 5311. Violation of this provision may result in one or more of
the following consequences: a. Prohibition by the individual, firm, and/or any employee of
the firm from contact with County staff for a specified period of time; b. Prohibition by the
individual and/or firm from doing business with the County for a specified period of time,
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including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate
termination of any Agreement held by the individual and/or firm for cause.
20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the
Contractor is formally acknowledging without exception or stipulation that it agrees to
comply, at its own expense, with all federal, state and local laws, codes, statutes,
ordinances, rules, regulations and requirements applicable to this Agreement, including
but not limited to those dealing with the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended, as well as the requirements set forth in Florida Statutes, §448.095; taxation,
workers' compensation, equal employment and safety including, but not limited to, the
Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law
Chapter 119, if applicable, including specifically those contractual requirements at F.S. §
119.0701(2)(a)-(b) as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT:
Communications, Government and Public Affairs Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PublicRecordRequest@a.colliercountvfl.gov
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the
service.
2. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and following completion of the contract if the
Contractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all
public records in possession of the Contractor or keep and maintain public
records required by the public agency to perform the service. If the Contractor
transfers all public records to the public agency upon completion of the contract,
the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
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Contractor keeps and maintains public records upon completion of the contract,
the Contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the public agency, upon request from
the public agency's custodian of public records, in a format that is compatible with the
information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall
promptly notify the County in writing. Failure by the Contractor to comply with the laws
referenced herein shall constitute a breach of this Agreement and the County shall have
the discretion to unilaterally terminate this Agreement immediately.
21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful Contractor extending the pricing, terms and
conditions of this solicitation or resultant Agreement to other governmental entities at the
discretion of the successful Contractor.
22. PAYMENTS WITHHELD. The County may decline to approve any application for
payment, or portions thereof, because of defective or incomplete work, subsequently
discovered evidence or subsequent inspections. The County may nullify the whole or any
part of any approval for payment previously issued and the County may withhold any
payments otherwise due to Contractor under this Agreement or any other Agreement
between the County and Contractor, to such extent as may be necessary in the County's
opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party
claims failed or reasonable evidence indicating probable filing of such claims; (c) failure
of Contractor to make payment properly to subcontractors or for labor, materials
or equipment; (d) reasonable doubt that the Work can be completed for the unpaid
balance of the Contract Amount; (e) reasonable indication that the Work will not be
completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the
Contractor; or any other material breach of the Contract Documents.
If any conditions described above are not remedied or removed, the County may, after
three (3) days written notice, rectify the same at Contractor's expense. The County also
may offset against any sums due Contractor the amount of any liquidated or unliquidated
obligations of Contractor to the County, whether relating to or arising out of this Agreement
or any other Agreement between Contractor and the County.
If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark-
up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary
of the Company and any business, corporation, partnership, limited liability company or
other entity in which the Company or a Parent or a Subsidiary of the Company holds any
ownership interest, directly or indirectly.
23. ❑� CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris,
rubbish and waste materials arising out of the Work. At the completion of the Work,
Contractor shall remove all debris, rubbish and waste materials from and about the Project
site, as well as all tools, appliances, construction equipment and machinery and surplus
materials, and shall leave the Project site clean.
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24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES.
The Contractor shall employ people to work on County projects who are neat, clean,
well-groomed and courteous. Subject to the American with Disabilities Act, Contractor
shall supply competent employees who are physically capable of performing their
employment duties. The County may require the Contractor to remove an employee it
deems careless, incompetent, insubordinate or otherwise objectionable and whose
continued employment on Collier County projects is not in the best interest of the County.
25. ❑� WARRANTY. Contractor expressly warrants that the goods, materials and/or
equipment covered by this Agreement will conform to the requirements as specified, and
will be of satisfactory material and quality production, free from defects, and sufficient for
the purpose intended. Goods shall be delivered free from any security interest or other
lien, encumbrance or claim of any third party. Any services provided under this Agreement
shall be provided in accordance with generally accepted professional standards for the
particular service. These warranties shall survive inspection, acceptance, passage of title
and payment by the County.
Contractor further warrants to the County that all materials and equipment furnished under
the Contract Documents shall be applied, installed, connected, erected, used, cleaned
and conditioned in accordance with the instructions of the applicable manufacturers,
fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after
receipt of written notice from the County. Contractor shall also be responsible for and pay
for replacement or repair of adjacent materials or Work which may be damaged as a result
of such replacement or repair. These warranties are in addition to those implied
warranties to which the County is entitled as a matter of law.
26. ■❑ TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws,
ordinances, rules or regulations of any public authority having jurisdiction over the Project
requires any portion of the Work to be specifically inspected, tested or approved,
Contractor shall assume full responsibility therefore, pay all costs in connection therewith
and furnish to the County the required certificates of inspection, testing or approval. All
inspections, tests or approvals shall be performed in a manner and by organizations
acceptable to the County.
27. n PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost
of any such loss or damage until final payment has been made. If Contractor or
anyone for whom Contractor is legally liable is responsible for any loss or damage
to the Work, or other work or materials of the County or County's separate
contractors, Contractor shall be charged with the same, and any monies necessary
to replace such loss or damage shall be deducted from any amounts due to
Contractor.
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B. Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the County with respect
to the Project. If Contractor, or its subcontractors, agents or anyone, for whom
Contractor is legally liable, disturbs the County's benchmarks, Contractor shall
immediately notify the County. The County shall re-establish the benchmarks and
Contractor shall be liable for all costs incurred by the County associated therewith.
28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by the County in advance.
29. CHANGES IN THE WORK. The County shall have the right at any time during the
progress of the Work to increase or decrease the Work. Promptly after being notified of a
change, Contractor shall submit an estimate of any cost or time increases or savings it
foresees as a result of the change. Except in an emergency endangering life or property,
or as expressly set forth herein, no addition or changes to the Work shall be made except
upon modification of the Purchase Order by the County, and the County shall not be liable
to the Contractor for any increased compensation without such modification. No officer,
employee or agent of the County is authorized to direct any extra or changed work orally.
Any modifications to this Agreement shall be in compliance with the County Procurement
Ordinance and Procedures in effect at the time such modifications are authorized.
30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall
remain in effect.
31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
Agreement in compliance with the Procurement Ordinance, as amended, and
Procurement Procedures.
32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by
this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be attended
by representatives of Contractor with full decision-making authority and by County's staff
person who would make the presentation of any settlement reached during negotiations
to County for approval. Failing resolution, and prior to the commencement of depositions
in any litigation between the parties arising out of this Agreement, the parties shall attempt
to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. The mediation shall be attended by representatives of
Contractor with full decision-making authority and by County's staff person who would
make the presentation of any settlement reached at mediation to County's board for
approval. Should either party fail to submit to mediation as required hereunder, the other
party may obtain a court order requiring mediation under section 44.102, Fla. Stat.
33. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate federal
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or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
34. ❑
assigned shall bo available for an amount of timo adequate to moot the required corvice
The Contractor shall mako commercially reasonablo efforts to notify Collier County within
personnel.
• AGREEMENT STAFFING. The Contractor's personnel and management to be utilized
for this Agreement shall be knowledgeable in their areas of expertise. The County
reserves the right to perform investigations as may be deemed necessary to ensure that
competent persons will be utilized in the performance of the Agreement. The Contractor
shall assign as many people as necessary to complete required services on a timely basis,
and each person assigned shall be available for an amount of time adequate to meet
required services.
35. ❑
of any of the Contract Documents, the terms of solicitation, the Contractor's Proposal,
take precedence.
n ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or
among the terms of any of the Contract Documents and/or the County's Board approved
Executive Summary, the terms of the Agreement shall take precedence over the terms of
all other Contract Documents, except the terms of any Supplemental Conditions shall take
precedence over the Agreement. To the extent any conflict in the terms of the Contract
Documents cannot be resolved by application of the Supplemental Conditions, if any, or
the Agreement, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at County's discretion.
36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without
the prior consent in writing of the County. Any attempt to assign or otherwise transfer this
Agreement, or any part herein, without the County's consent, shall be void. If Contractor
does, with approval, assign this Agreement or any part thereof, it shall require that its
assignee be bound to it and to assume toward Contractor all of the obligations and
responsibilities that Contractor has assumed toward the County.
37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as
amended. Background checks are valid for five (5) years and the Contractor shall be
responsible for all associated costs. If required, Contractor shall be responsible for the
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costs of providing background checks by the Collier County Facilities Management
Division for all employees that shall provide services to the County under this Agreement.
This may include, but not be limited to, checking federal, state and local law enforcement
records, including a state and FBI fingerprint check, credit reports, education, residence
and employment verifications and other related records. Contractor shall be required to
maintain records on each employee and make them available to the County for at least
four(4)years. All of Contractor's employees and subcontractors must wear Collier County
Government Identification badges at all times while performing services on County
facilities and properties. Contractor ID badges are valid for one (1) year from the date of
issuance and can be renewed each year at no cost to the Contractor during the time
period in which their background check is valid, as discussed below. All technicians shall
have on their shirts the name of the contractor's business.
The Contractor shall immediately notify the Collier County Facilities Management Division
via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier
County separates from their employment. This notification is critical to ensure the
continued security of Collier County facilities and systems. Failure to notify within four (4)
hours of separation may result in a deduction of$500 per incident.
38. n SAFETY. All Contractors and subcontractors performing service for Collier County are
required and shall comply with all Occupational Safety and Health Administration (OSHA),
State and County Safety and Occupational Health Standards and any other applicable
rules and regulations. Also, all Contractors and subcontractors shall be responsible for
the safety of their employees and any unsafe acts or conditions that may cause injury or
damage to any persons or property within and around the work site.
Collier County Government has authorized the Occupational Safety and Health
Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way
for the purpose of inspection of any Contractor's work operations. This provision is non-
negotiable by any division/department and/or Contractor. All applicable OSHA inspection
criteria apply as well as all Contractor rights, with one exception. Contractors do not have
the right to refuse to allow OSHA onto a project that is being performed on Collier County
Property. Collier County, as the owner of the property where the project is taking place
shall be the only entity allowed to refuse access to the project. However, this decision
shall only be made by Collier County's Risk Management Division Safety Manager and/or
Safety Engineer.
(Intentionally left blank -signature page to follow)
Page 13 of 17
Fixed Term Service Multi-Contractor Agreement 2022_Ver.3
CA°
IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed
this Agreement on the date and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K: Kipzel, Clerk of the Circuit COLLIER COUNTY, FLORIDA
Court and Comptroller �//
By, A JUL � 1 By: ll�
e as' o uliairman s RICK LOCASTRO , Chairman
���i.
Dated. I I.
7 �23 signature only.
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Contractor's Witnesses: Scale Calibrators, LLC
Contractor
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By:
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Contr s First Witness Si adore --
` ye I 1/OO • TType/print signature and titleT
1'Type/print witness name
Contractor' Second Witness
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:;ia.-6,i'.. NELSYS PEREIRA
?� a�i Notary Public State of Florida
;We: Commission#HI-1 130389
^. I My Comm.Expires May 16,2025
pproved to o m nd Legality:
CourZ Attorney
Print Name
Page 14 of 17 fA
Fixed Tani Service Multi-Contractor Agreement 2022_VerJ `t
' 0
Exhibit A
Scope of Services
❑■ following this page (pages 1 through 6 )
❑ this exhibit is not applicable
Page 15 of 17
Fixed Temi Service Multi-Contractor Agreement 2022_Ver.3
Invitation to Bid (ITB) #22-8050R
"Scale Preventative Maintenance and Repairs"
EXHIBIT A
SCOPE OF SERVICES
The purpose of this Agreement is to provide required routine and urgent, preventative maintenance and repairs for
County owned scales. Each scale has its own operating manual and specific maintenance requirements in order to
maximize the lifespan of the equipment.
The terms "Vendor"and "Contractor"may be used interchangeably throughout this Agreement.
1. LOCATIONS
The table below contains the current Location, Type and Quantity of County Scales,this table is for reference
only:
Truck Deck Bench
Location Name* Address Scale Scale Scale
Tim Nance Recycling Drop-Off 1 1 1
Center 825 39th Ave.NE,Naples, FL 34120
North Collier Recycling Drop- 9950 Goodlette Frank Rd.,N.,Naples, 1 1
Off Center FL 34109
Naples Recycling Drop-Off 2640 Corporate Flight Dr.,Naples, FL 1 1
Center 34104
Marco Island Recycling Drop- 990 Chalmer Dr., Marco Island, FL 1 1
Off Center 34145
3730 White Lake Blvd.,Naples, FL 4 1 1
Collier County Landfill/HHW 34117
Immokalee Transfer Station 700 Stockade Rd., Immokalee, FL 34142 1 1 1
2. PREVENTATIVE MAINTENANCE AND REPAIRS
2.1. Preventative Maintenance, inspection, test, and calibration services for each type of scale shall be a unit
price all-inclusive of labor, insurance, preventative maintenance materials (such as lubrication, sundries,
etc.), tools, travel, fuel charges, trip charges and all necessary resources needed to perform the work and
all required certification reports. Material used during preventative maintenance (i.e. grease, lube, fluids,
filters, sundries)that would be considered part of the service by industry standards shall not be invoiced to
the County and shall be included in the unit price for preventative maintenance as provided on Exhibit B
Fee schedule("Fee Schedule"). Any other surcharges shall not be accepted.
2.2. Labor rates shall be for additional services, i.e. repairs, replacements and new equipment not part of the
preventative maintenance service as defined in this solicitation. The labor rates shall be inclusive of the
hourly employee pay rate, insurance, Vendor's overhead, profit and employee-related taxes, etc. The
Vendor may only invoice for actual time at the job site. The County Representative will confirm the
charges. Travel and related travel expenses will not be accepted. All markups pursuant to this Scope and
identified on the Fee Schedule shall be applied only to additional services that are not part of the
preventative maintenance unit price.
Page 1 of 6
Exhibit A- Scope of Services
CAO
Invitation to Bid (ITB)#22-8050R
"Scale Preventative Maintenance and Repairs"
2.3. Preventative maintenance may include, but shall not be limited to:
• Weigh Bridge: Perform visual inspection of the top and bottom and sides of the weighbridge from
debris,wear, binds,rust,cracks,broken or missing bolts,cracked welds and mechanical components
which shall include, but not be limited to: stands,missing grout under base plates main lever,pivots,
bearings, ball blocks and suspension parts.
• Bumper Bolts: Perform visual inspection of end and side bumper bolts, if applicable, for frozen or
rusted nuts, check for damages or loose bumper plates,replace damaged parts as required and adjust
as necessary to meet minimum and maximum manufacturer requirements.
• Approaches and Foundations: Perform visual and physical of approaches, coping and foundations
for cracks, damage, heaving and sinking.
• Sump Pumps: Verify that the sump pumps and piping are operational.
• Load Cell Cables: Perform visual and physical inspection of all load cell cables for debris build up.
Inspect the load cell cables to make sure they are not damaged and that the cables are securely
connected to the load cells. The connection shall be well coated with dielectric compound with
rubber boot on the cable connector tight against the load cell. Shear beam or S-type load cells
connections shall not require the removal for greasing the connections.
• Load Cells: Visually inspect load cells for physical damage, cable connections, correct gap and/or
pressure, base plates and loose nuts. Replace nuts, bolts, washers and ground straps, if required.
• Junction Boxes: Perform visual and physical inspection of all junction boxes for moisture for foreign
materials. Verify that all load cell and instrument cables are properly connected and tighten the cord
grip caps, if applicable. The prevent filter on the junction box shall be replaced annually, if
applicable. Inspect the junction box cover 0-ring and/or gasket for deterioration and replace as
required. Replace cover and tighten all screws.
• Grounding: Physically check all grounding straps for tightness. All grounds are to be tested during
scheduled inspections.An ohm meter may be used to test the integrity of the grounds that were found
to be loose to comply with the manufacturer's requirements. Correct all grounding deficiencies as
required.
• Equipment:Visually inspect the brightness and segment illumination of the displays and scoreboards
making sure that the terminal displays a stable weight and returns to zero. Verify that no radio or
other electronic equipment is located close enough to interfere with the terminal. Inspect the
instruments, printer and peripheral equipment for proper operation with the system.
• Inspection: Inspect the scale and its peripherals for wear or defects.
• Calibration shall include, but not be limited to:
o Calibrate truck scales to+/- 20 pounds for the total of all sections
o Charges associated with Vendor supplied vehicles for calibration shall be part of the all-
inclusive lump sum amount per service as identified in the Fee Schedule.
o Perform sectional, shift and repeatability tests and adjust as required. Test truck will be
performed with a minimum 21,000 lbs. certified test weight in a test cart.
Page 2 of 6
Exhibit A- Scope of Services
CM)
Invitation to Bid (ITB)#22-8050R
"Scale Preventative Maintenance and Repairs"
o Perform stain load test and adjust as required. Test truck must be performed with a minimum
25% capacity of the scale.
2.4. For each site visit,the Vendor will provide a scale test report. The report should include the following:
• Remarks for each scale inspection
• Recommend repairs, if applicable
The scale test report must be completed and submitted by Vendor to County Representative upon
preventative maintenance completion. Note: Failure to provide the completed, signed and dated report
may delay the Vendor's payment.
2.5. The Vendor shall use a County provided scale test report if requested to do so by the County.
2.6. The Vendor must provide a master schedule for all expected preventative maintenance days.
2.7. Should minor repairs or replacement parts be required or recommended by the Vendor while performing
the preventative maintenance, and the Vendor is able to repair or replace during the course of the
preventative maintenance,the Vendor shall provide a quote for any parts and labor related to the minor
repair or replacement in writing prior to the repair and obtain the County Representative or their
Designee's approval. The quote shall mirror labor rates and allowable 10%markup as listed on the Fee
Schedule.
2.8. The County Representative shall determine if the quote provided is in accordance with the Fee Schedule.
If the quote is deemed acceptable, the County Representative shall issue a purchase order. No single
quote for the entire repair and replacement work shall exceed $200,000. The County reserves the
right to separately solicit any of the repair, replacement or installation services, if deemed in the
best interest of the County. The County also reserves the right to separately purchase equipment
required for the job and may request the Vendor to provide installation services.
2.9. Parts with a single item amount of $100.00 or more shall require the Vendor to provide backup
documentation with invoice submission.
2.10. Monthly, quarterly and annual preventative maintenance services are anticipated for all scales, however
the service shall also be as needed.All scales must receive proper service during preventative maintenance
to pass annual state certifications.
2.11. If a repair is recommended after preventative maintenance has been performed,the Vendor will provide a
quote to the County Representative within three (3) business days from the date of the inspection, unless
it is determined to be an urgent repair, then the Vendor shall work with the County Representative for a
quick resolution.
2.12. The Vendor must be able to work with the County's scale software vendor, County Operations and
Information Technology Division,when necessary, for problem-solving.
2.13. Should the Vendor need to hire a subcontractor for additional services, the subcontractor charges may be
invoiced at cost plus 15% markup. A copy of the subcontractor's invoice shall be required with the
Page 3 of 6
Exhibit A- Scope of Services
Invitation to Bid (ITB)#22-8050R
"Scale Preventative Maintenance and Repairs"
Vendor's invoice. Subcontractor's hourly rate may not exceed the Vendor's hourly rates listed on the Fee
Schedule.
3. EQUIPMENT & PARTS
3.1. All equipment and parts provided and installed by the Vendor under the Agreement shall be new and free
of defects and may require County approval prior to installation. New and existing equipment and parts
may include, but shall not be limited to:
• New scales and associated equipment
• Digital Components
• Technical Components
• Lights
• Terminals
• Kiosks
• Scale Automation(RF, Proxy Readers, etc.)
• Load Cells
• Indicators
• Message Boards
• Drop arm gates
• Catwalks/railing
3.2. At a minimum, replacement parts and/or maintenance materials shall be based on the scale manufacturer's
recommendations.
3.3. Equipment and/or parts for additional services may be invoiced at cost plus 10%markup(markup does not
apply to shipping or freight charges). Equipment or parts with a single item amount of$100.00 or more
shall require the Vendor to provide backup documentation. All shipping or freight charges must have
backup documentation.
3.4. Should the Vendor need to rent equipment to complete the project, rental charges may be invoiced at cost
plus 10% markup. A copy of the rental receipt showing cost shall be required with the Vendor's invoice.
4. ASSIGNMENT OF WORK
4.1. The Vendor shall provide a company contact name, phone number and email address for all requests and
shall be available twenty-four(24)hours per day, 365 days per year.
4.2. The County will issue a Purchase Order. No work shall be performed until the Vendor is in receipt of an
approved purchase order.
4.3. A Purchase Order shall survive Contract expiration to allow completion of an order.
Page 4 of 6
Exhibit A- Scope of Services
Invitation to Bid (ITB)#22-8050R
"Scale Preventative Maintenance and Repairs"
4.4. The County reserves the right to waive any or all of these requirements if in the best interest of the
County and to separately solicit any job. The County reserves the right to supply all necessary parts
for selected projects and repairs.
5. PRICE MODIFICATIONS
5.1. Any requested adjustment shall be fully documented and submitted to the County no less than thirty(30)
days prior to the contract anniversary date based on the percent change(up or down)of the Consumer Price
Index (CPI). Retroactive price adjustments are not authorized. All requests must be submitted to the
County Representative or designee. Any approved cost adjustments shall become effective as of the
anniversary date or upon Procurement Director/Board approval.
• Contractor shall provide supporting documentation justifying price increases (examples:
Contractor's material agreements, distributor invoices, proof of fuel increases, etc.).
• County Representative or designee shall analyze prices to determine if increases are fair and
reasonable using the following methods: price competition (reviewing competitive bids or offers),
market prices, historical prices, or independent estimates.
• Contractor shall continue to fill all purchase orders received at the current agreement prices during
the review process.
• The Procurement Director has the authority to approve price adjustments in accordance with the
Procurement Ordinance, as amended. The Fee Schedule shall be modified with the price increases,
or an amendment process as required, and uploaded into the County's Finance system.
• Price increase requests are not guaranteed. If approved, the Procurement Director or designee will
notify the Contractor in writing with the effective date of any approved price increases.
The County may, after examination, refuse to accept the adjusted costs if they are not properly documented,
considered excessive, or if decreases are deemed insufficient. In the event the County does not wish to accept
the adjusted costs and the matter cannot be resolved to the satisfaction of the County, a contract termination will
have to be processed.
6. WORK HOURS
6.1. Normal business hours shall be 7:00am to 5:00pm, Monday through Friday, excluding County observed
holidays. Requests outside of the normal business hours, weekends and County observed holidays or in
the event of a declared local state of emergency shall be paid 1.5x straight time.
7. RESPONSE TIMES
7.1. Normal Request
• Vendor shall acknowledge a request for quote via email or phone call within twelve(12)hours from
the time the County issued the request.
• Vendor shall provide a written quote to the requestor via email within three(3)business days of the
initial request from the County.
• The County may request that the Vendor start work within two (2) business days after a valid
Purchase Order has been e-mailed to the Vendor by an appropriate County Representative.
Page 5 of 6
Exhibit A- Scope of Services
CAO
Invitation to Bid (ITB) #22-8050R
"Scale Preventative Maintenance and Repairs"
7.2. Urgent Request
• Vendor shall acknowledge an urgent request via email or phone call within one(1)hour of the request
being sent by the County.
• Vendor shall be on-site within three(3)hours after the County's initial request. A response time that
exceeds the three (3)hours must be approved by the County Representative.
• Vendor shall be paid 1.5x straight time hourly rate for urgent requests regardless of the day or time
the work is performed.
8. PERMITS
8.1. The Vendor shall be responsible for permit submissions, unless otherwise instructed in writing by the
County. Permit fees will be reimbursed at cost, no mark-up shall be allowed. Supporting documentation
showing the fee paid must be included with the Vendor's invoice.
8.2. If the permit submissions requiring engineering services,the Vendor must use a licensed Engineer with all
applicable certifications.
9. SAFETY
9.1. The Vendor shall comply with all Occupational Safety and Health Administration(OSHA),Environmental
Protection Agency(EPA), the National Institute of Occupational Safety Hazards(NIOSH), the American
National Standards Institute (ANSI), the National Fire Protection Association (NFPA), the Crane
Manufacturers Association of America, Inc. (CMAA), National Electric Code (NEC), American Society
of Mechanical Engineers(ASME),State and County regulations while performing work under the resultant
Contract. Vendor shall be responsible for the safety of their employees and any unsafe acts or conditions
that may cause injury or damage to any persons or property within and around the work site.
9.2. Barricades shall be provided and utilized by the Vendor when work is performed in public areas, or when
deemed necessary by the County.
9.3. Hazardous conditions shall be immediately reported to the County.
Page 6 of 6
Exhibit A- Scope of Services
Ck O
Exhibit B
Fee Schedule
following this page (pages 1 through 2 )
Page 16 of 17
Fixed Term Service Multi-Contractor Agreement 2022_Vcr_3
CAO
Invitation to Bid (ITB)#22-8050R
"Scale Preventative Maintenance and Repairs"
EXHIBIT B
FEE SCHEDULE
SCALE CALIBRATORS, LLC
Line Location Scale Type UOM Unit Price per
Item # scale per visit
1 Collier County Landfill, 3730 White Lake Motor Truck Scales ea $345.00
Blvd.,Naples, FL 34117
2 Collier County Landfill, 3730 White Lake Deck Scale ea $225.00
Blvd.,Naples, FL 34117
3 Collier County Landfill,3730 White Lake Digital Bench Scale ea $100.00
Blvd.,Naples,FL 34117
4 Immokalee Transfer Station, 700 Stockade Rd., Motor Truck Scales ea $345.00
Immokalee, FL 34142
5 Immokalee Transfer Station, 700 Stockade Rd., Deck Scale ea $225.00
Immokalee, FL 34142
6 Immokalee Transfer Station, 700 Stockade Rd., Digital Bench Scale ea $100.00
Immokalee, FL 34142
7 Tim Nance Recycling Drop-Off Center, 825 Motor Truck Scales ea $345.00
39th Ave.NE,Naples, FL 34120
8 Tim Nance Recycling Drop-Off Center, 825 Deck Scale ea $225.00
39th Ave.NE,Naples, FL 34120
9 Tim Nance Recycling Drop-Off Center, 825 Digital Bench Scale ea $100.00
39th Ave.NE,Naples, FL 34120
10 North Collier Recycling Drop-Off Center, Deck Scale ea $225.00
9950 Goodlette Frank Rd.,Naples, FL 34109
11 North Collier Recycling Drop-Off Center, Digital Bench Scale ea $100.00
9950 Goodlette Frank Rd.,Naples, FL 34109
12 Marco Island Recycling Drop-Off Center,990 Deck Scale ea $225.00
Chalmer Dr.,Marco Island, FL 34145
13 Marco Island Recycling Drop-Off Center, 990 Digital Bench Scale ea $100.00
Chalmer Dr., Marco Island, FL 34145
14 Naples Recycling Drop-Off Center, 2640 Corp. Deck Scale ea $225.00
Flight Dr.,Naples, FL 34104
15 Naples Recycling Drop-Off Center,2640 Corp. Digital Bench Scale ea $100.00
Flight Dr.,Naples, FL 34104
Page 1 of 2
Exhibit B—Fee Schedule
CAO
Invitation to Bid (ITB)#22-8050R
"Scale Preventative Maintenance and Repairs"
ADDITIONAL SERVICES (Repairs, Replacements, and New Equipment)
Description UNIT Unit Price
Supervisor Per Hour $125.00
Service Technician Per Hour $115.00
Scale Service Truck Charge: Includes Certified Weights 1 Service $115.00
Up to 500LBS, Tools,Fuel, and Insurance (Charged per
trip/day)
Scale Test Truck Charge: Includes Certified Weights in a 1 Service $125.00
Test Cart with min 21,000 LBS, Tools, Fuel, and
Insurance. (Charged per trip/day)
Mark up Percentages for Additional Services
Equipment and Parts Markup Percent 10%
Rental Equipment Markup Percent 10%
Subcontractor Markup Percent 15%
County Observed Holidays,weekends, and Urgent 1.5 X Straight
Request Markup Rate Time Hourly
Page 2 of 2
Exhibit B—Fee Schedule
Other Exhibit/Attachment
Description: Federal Contract Provisions and Assurances
rill following this page (pages 1 through 13
❑ this exhibit is not applicable
Page 17 of 17
Fixed Term Service Multi-Contractor Agreement 2022_Ver.3
Collier County Solicitation 22-8050R
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
FEDERAL EMERGENCY MANAGEMENT AGENCY
PUBLIC ASSISTANCE
The supplemental conditions contained in this section are intended to cooperate with, to supplement, and
to modify the general conditions and other specifications. In cases of disagreement with any other section
of this contract,the Supplemental Conditions shall govern.This is an acknowledgement that FEMA financial
assistance will be used to fund all or a portion of the contract.
Pursuant uniform requirements of federal awards(2 CFR Part 200.23)the definition of CONTRACTOR is
an entity that receives a Contract/Purchase Order.
Compliance with Federal Law,Regulations and Executive Orders:The Sub-Recipient(County)agrees
to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally-Funded
Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws
and regulations, and (iii) the subcontractor shall hold the Division and Sub-Recipient harmless against all
claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to
the extent allowed and required by law.
Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all
services under this contract in accordance with the following governing regulations along with all applicable
Federal law, regulations, executive orders, FEMA policies, procedures, and directives.
O 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
O 44 C.F.R. Part 206
o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-
288, as amended,42 U.S.C. 5121 et seq., and Related Authorities
o FEMA Public Assistance Program and Policy Guide
EXHIBIT I-1
3/14/2023 3:21 PM p.36
CAO
Collier County Solicitation 22-8050R
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Access to Records: The contractor agrees to provide the County, the Florida Department of Emergency
Management, the FEMA Administrator, the Comptroller General of the United States, or any of their
authorized representative's access to any books, documents, papers, and records of the Contractor which
are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and
transcriptions. (2)The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to
provide the FEMA Administrator or his authorized representatives' access to construction or other work
sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the
Disaster Recovery Act of 2018,the County and the Contractor acknowledge and agree that no language in
this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller
General of the United States.
Affirmative Socioeconomic Steps If subcontracts are to be let, the prime contractor is required to take
all necessary steps identified in 2 C.F.R.§200.321(b)(1)-(5)to ensure that small and minority businesses,
women's business enterprises, and labor surplus area firms are used when possible.
Changes:To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract
change, modification, amendment, addendum, change order, or constructive change must be necessary,
allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of
work,and otherwise allowable.
DHS Seal, Logo,and Flags:The contractor shall not use the DHS seal(s), logos, crests, or reproductions
of flags or likenesses of DHS agency officials without specific FEMA pre- approval. The contractor shall
include this provision in any subcontracts.
Domestic Preference for Procurements 200.322 As appropriate and to the extent consistent with law,
the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a
preference for the purchase, acquisition, or use of goods, products, or materials produced in the United
States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The
requirements of this section must be included in all subawards including all contracts and purchase orders
for work or products under this award.
For purposes of this section: "Produced in the United States" means, for iron and steel products, that all
manufacturing processes,from the initial melting stage through the application of coatings, occurred in the
United States. "Manufactured products" means items and construction materials composed in whole or in
part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl
chloride pipe;aggregates such as concrete; glass, including optical fiber; and lumber.
License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the
County, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the
performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works.
distribute copies to the public, and perform publicly and display publicly such data. For data required by
the contract but not first produced in the performance of this contract,the Contractor will identify such data
and grant to the County or acquires on its behalf a license of the same scope as for data first produced in
the performance of this contract. Data, as used herein, shall include any work subject to copyright under
17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music,
choreography,pictures or images,graphics,sculptures,videos,motion pictures or other audiovisual works,
sound and/or video recordings,and architectural works. Upon or before the completion of this contract,the
Contractor will deliver to the County data first produced in the performance of this contract and data
required by the contract but not first produced in the performance of this contract in formats acceptable by
the County.
No Obligation by Federal Government:The Federal Government is not a party to this contract and is not
subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to
any matter resulting from the contract.
EXHIBIT I-2
3/14/2023 3:21 PM p.37
Collier County Solicitation 22-8050R
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Prohibition on Covered Telecommunications Equipment or Services
(a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered
telecommunications equipment or services; interconnection arrangements; roaming; substantial or
essential component; and telecommunications equipment or services have the meaning as defined in
FEMA Policy,#405-143-1 Prohibitions on Expending FEMA Award Funds forcovered Telecommunications
Equipment or Services As used in this clause—
(b) Prohibitions.
(1) Section 889(b)of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub. L.
No. 115-232, and 2 C.F.R. §200.216 prohibit the head of an executive agency on or after Aug.13, 2020,
from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain
telecommunications products or from certain entities for national security reasons.
(2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may
not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency
Management Agency to:
(i) Procure or obtain any equipment, system, or service that uses covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical technology
of any system;
(ii) Enter into,extend, or renew a contract to procure or obtain any equipment, system, or service that
uses covered telecommunications equipment or services as a substantial or essential component of
any system, or as critical technology of any system;
(iii)Enter into,extend,or renew contracts with entities that use covered telecommunications equipment
or services as a substantial or essential component of any system, or as critical technology as part of
any system; or
(iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument,
any equipment, system, or service that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology as part of any system.
(c) Exceptions.
(1)This clause does not prohibit contractors from providing—(i).A service that connects to the facilities of
a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii). Telecommunications
equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that
such equipment transmits or otherwise handles.
(2) By necessary implication and regulation, the prohibitions also do not apply to: (i). Covered
telecommunications equipment or services that: i.Are not used as a substantial or essential component of
any system; and ii. Are not used as critical technology of any system. (ii). Other telecommunications
equipment or services that are not considered covered telecommunications equipment or services.
(d)Reporting requirement.
(1) In the event the contractor identifies covered telecommunications equipment or services used as a
substantial or essential component of any system, or as critical technology as part of any system, during
contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other
source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or
subrecipient, unless elsewhere in this contract are established procedures for reporting the information.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i)
Within one business day from the date of such identification or notification:The contract number;the order
number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial
and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer
EXHIBIT I-3
3/14/2023 3.21 PM p.38
Collier County Solicitation 22-8050R
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
number, manufacturer part number, or wholesaler number); item description; and any readily available
information about mitigation actions undertaken or recommended. (ii)Within 10 business days of submitting
the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation
actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to
prevent use or submission of covered telecommunications equipment or services.and any additional efforts
that will be incorporated to prevent future use or submission of covered telecommunications equipment or
services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in
all subcontracts and other contractual instruments.
Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges
that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the
contractor's actions pertaining to this contract.
Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance
Funding
Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180
and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals
(defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905)are excluded (defined at 2
C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2
C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with
these regulations in any lower tier covered transaction it enters into. (3) This certification is a material
representation of fact relied upon by the County. If it is later determined that the contractor did not comply
with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the
County, the Federal Government may pursue available remedies, including but not limited to suspension
and/or debarment. (4)The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt.3000,subpart C while this offer is valid and throughout the period of any contract
that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such
compliance in its lower tier covered transactions.
Procurement of Recovered Materials (§200.323) (Over$10,000): In the performance of this contract,
the Contractor shall make maximum use of products containing recovered materials that are EPA-
designated items unless the product cannot be acquired— Competitively within a timeframe providing for
compliance with the contract performance schedule; Meeting contract performance requirements; or At a
reasonable price. Information about this requirement, along with the list of EPA-designated items, is
available at EPA's Comprehensive Procurement Guidelines webpage:
https:///' .w.epa.gov/sriini/comprehensive-procurener'st-9uiceiine-cp9-program.
The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid
Waste Disposal Act.
Termination for Cause and Convenience(over$10,000): See Standard Purchase Order and/or Contract
Terms and Conditions
Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over$100,000): Contractors who
apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the
tier above that it will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of Congress,officer
or employee of Congress, or an employee of a member of Congress in connection with obtaining any
Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any
lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the recipient."
EXHIBIT I-4
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Cotter County Solicitation 22-8050R
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Contractors must sign and submit a certification to the County with each bid or offer exceeding $100,000.
See Certifications and Assurances and the end of this document.
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where
applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of
mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations(29 CFR Part 5).
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work
which may require or involve the employment of laborers or mechanics shall require or permit any such
laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of
forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such
workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause
set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be
liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United
States(in the case of work done under contract for the District of Columbia or a territory,to such District or
to such territory),for liquidated damages.Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set
forth in paragraph(1)of this section, in the sum of$27 for each calendar day on which such individual was
required or permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph (1)of this section.
(3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own
action or upon written request of an authorized representative of the Department of Labor withhold or cause
to be withheld,from any moneys payable on account of work performed by the contractor or subcontractor
under any such contract or any other Federal contract with the same prime contractor, or any other
federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by
the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set
forth in paragraph (2) of this section.
(4) Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clauses set forth
in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this
section."
For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subject
to the other statutes in 29 C.F.R §5.1
"Further Compliance with the Contract Work Hours and Safety Standards Act.
(1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of
the work and shall preserve them for a period of three years from the completion of the contract for all
laborers and mechanics, including guards and watchmen, working on the contract. Such records shall
contain the name and address of each such employee, social security number, correct classifications,
hourly rates of wages paid, daily and weekly number of hours worked,deductions made, and actual wages
paid.
(2)Records to be maintained under this provision shall be made available by the contractor or subcontractor
for inspection, copying, or transcription by authorized representatives of the Department of Homeland
Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor
or subcontractor will permit such representatives to interview employees during working hours on the job.
EXHIBIT I-5
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Collier County Solicitation 22-8050R
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Clean Air Act(over$150,000): 1. The contractor agrees to comply with all applicable standards, orders
or regulations issued pursuant to the Clean Air Act,as amended,42 U.S.C.§7401 et seq. 2.The contractor
agrees to report each violation to the County and understands and agrees that the County will, in turn,
report each violation as required to assure notification to the Federal Emergency Management Agency,and
the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include
these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal
assistance provided by FEMA.
Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all
applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as
amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and
understands and agrees that the County will,in turn, report each violation as required to assure notification
to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency
Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal assistance provided by FEMA.
Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this
contract, all claims, counter-claims, disputes and other matters in question between the local
government and the contractor, arising out of or relating to this contract,or the breach of it,will be decided
by arbitration, if the parties mutually agree. or in a Florida court of competent jurisdiction.
CONSTRUCTION ACTIVITIES
Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part
60, all contracts that meet the definition of"federally assisted construction contract" in 41 C.F.R. § 60-1.3
must include the equal opportunity clause provided under 41 C.F.R. §60- 1.4.
During the performance of this contract, the contractor agrees as follows:
(1)The contractor will not discriminate against any employee or applicant for employment because of race,
color, religion,sex,sexual orientation,gender identity,or national origin. The contractor will take affirmative
action to ensure that applicants are employed, and that employees are treated during employment without
regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action
shall include, but not be limited to the following:
Employment, upgrading,demotion, or transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to
race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3)The contractor will not discharge or in any other manner discriminate against any employee or applicant
for employment because such employee or applicant has inquired about, discussed, or disclosed the
compensation of the employee or applicant or another employee or applicant.This provision shall not apply
to instances in which an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the employer, or is consistent with the
contractor's legal duty to furnish information.
(4)The contractor will send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice to be provided advising the said labor
EXHIBIT I-6
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EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
union or workers'representatives of the contractor's commitments under this section, and shall post copies
of the notice in conspicuous places available to employees and applicants for employment.
(5)The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of
the rules, regulations, and relevant orders of the Secretary of Labor.
(6)The contractor will furnish all information and reports required by Executive Order 11246 of September
24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will
permit access to his books, records, and accounts by the administering agency and the Secretary of Labor
for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7)In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with
any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in
whole or in part an the contractor may be declared ineligible for further Government contracts or federally
assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor,or
as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the
provisions of paragraphs(1)through (8) in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246
of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or purchase order as the administering
agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with
a subcontractor or vendor as a result of such direction by the administering agency, the contractor may
request the United States to enter into such litigation to protect the interests of the United States.
Davis Bacon Act: Exempt under FEMA Public Assistance Funding
Copeland Anti-Kickback Act: Exempt under FEMA Public Assistance Funding
EXHIBIT I-7
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Collier County Solicitation 22-8050R
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
STATE OF FLORIDA PROVISIONS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSITANCE PROGRAM
Applicable Laws-The County and all its agents shall comply with all federal,state and local regulations,
including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses,
and registration requirements.The County shall include this provision in all contracts issued.
Data Collection: The Project shall be conducted in accordance with the terms and conditions set forth
under this Agreement, all applicable Department permits and the eligible Project task items established
below. All data collection and processing, and the resulting product deliverables, shall comply with the
standards and technical specifications contained in the Department's Monitoring Standards for Beach
Erosion Control Projects(2014)and all associated state and federal permits, unless otherwise specified in
the approved scope of work for an eligible Project item.The monitoring standards may be found at: 1:)[gig'+
;! t „t
In order to comply with Florida Auditor General report 2014-064 regarding conflicts of interest and to be
consistent with Section 287.057(17)(a)(I), F.S., all monitoring data and statistical analysis must be
provided directly and concurrently from the monitoring contractor to the Florida Department of
Environmental Protection/Countylpermittee/engineering consultant. The County's engineering
consultant must provide an adequate mitigation plan, consistent with Section 287.057(17)(a)(I), F.S.,
including a description of organizational, physical, and electronic barriers to be used by the County's
engineering consultant, that addresses conflicts of interest when contracting multi-disciplinary firms for
Project engineering and post-construction environmental monitoring services, or when the Project
engineering consultant firm subcontracts for post-construction environmental monitoring. Environmental
monitoring includes hardbottom, seagrass, and mangrove resources.
Equal Employment Opportunity: No person on the ground of race, creed, color, religion, national origin,
age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of,
otherwise subjected to discrimination.
Inspector General Cooperation:The Parties agree to comply with Section 20.055(5), Florida Statutes,for
the inspector general to have access to any records,data and other information deemed necessary to carry
out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5),
Florida Statutes.
Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature,
the judicial branch or a state agency.
Local Preference: Pursuant to Section 255.0991, F.S. local vendor preference is not applicable
Physical Access and Inspection: Grantor personnel shall be given access to and may observe and
inspect work being performed under this Agreement, with reasonable notice and during normal
business hours.including by any of the following methods:
i. The County shall provide access to any location or facility on which County is performing work,or
storing or staging equipment, materials or documents.
ii. The County shall permit inspection of any facility, equipment, practices, or operations required
in performance of any work pursuant to this Agreement;and,
iii. The County shall allow and facilitate sampling and monitoring of any substances, soils, materials
or parameters at any location reasonable or necessary to assure compliance with any work or
legal requirements pursuant to this Agreement.
Record Retention: A. The contractor shall maintain and retain sufficient records demonstrating its
compliance with the terms of the Agreement for a period of at least five (5) years after final payment is
EXHIBIT I-8
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Collier County Solicitation 22-8050R
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
made and shall allow the County, the State, or its authorized representatives access to such records for
audit purposes upon request.
Statutory Notices Relating to Unauthorized Employment: The County shall consider the
employment by any Contractor of unauthorized aliens a v olation of Section 274A(e)of the Immigration
and Nationality Act. If the Contractor knowingly employs unauthorized aliens, such violation shall be
cause for unilateral cancellation of this Agreement
Statutory Notices Relating to Subcontracts: Pursuant to Sections 287.133 and 287.134, F.S., the
following restrictions apply to persons placed on the convicted vendor list or the discriminatory vendor
list:
i. Public Entity Crime.A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid, proposal, or reply on a
contract to provide any goods or services to a public entity; may not submit a bid, proposal, or
reply on a contract with a public entity for the construction or repair of a pubic building or public
work; may not submit bids,proposals,or replies on leases of real property to a public entity;may
not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a
contract with any public entity; and may not transact business with any public entity in excess
of the threshold amount provided in Section 287.017, F.S., for CATEGORY TWO for a period
of 36 months following the date of being placed on the convicted vendor list.
ii. Discriminatory Vendors. An entity or affiliate who has been placed on the dscrminatory
vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or
services to a public entity; may not submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or public work; may not submit bids,
proposals, or replies on leases of real property to a public entity; may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity; and may not transact business with any public entity.
iii. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors,
or consultants have been placed on the convicted vendor list or the discriminatory vendor list
during the life of the Agreement. The Florida Department of Management Services is
responsible for maintaining the discriminatory vendor list and posts the list on its website.
Questions regarding the discriminatory vendor list may be directed to the Florida Department
of Management Services, Office of Supplier Diversity, at(850)487-0915.
EXHIBIT I-9
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Collier County Solicitation 22-8050R
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Compliance with Federal Law, Regulations,And Executive Orders
and Acknowledgement of Federal Funding
Certification
This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the
contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA
policies, procedures, and directives.
If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed
subcontract must be available to the County for review and approval. The Contractor agrees to include in
the subcontract that(1)the subcontractor is bound by the terms of this Agreement, (ii)the subcontractor is
bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the
County and the Grantor Agency harmless against all claims of whatever nature arising out of the
subcontractor's performance of work under this Agreement,to the extent allowed and required by law.The
County may document in the quarterly report the Contractor's progress in performing its work under this
agreement.
On behalf of my firm, I acknowledge, the grant requirements identified in this document.
Vendor/Contractor Name 1CC1�� � l �Zt � f
0.
(16
Date 2c
400i
Authorized Signature
EXHIBIT I-10
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Collier County Solicitation 22-8050R
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY
and VOLUNTARY EXCLUSION
Contractor Covered Transactions
(1) The prospective subcontractor of the Sub-recipient, Collier County, certifies, by submission of this
document, that neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department
or agency.
(2) Where the Sub-recipient's subcontractor is unable to certify to the above statement,the prospective
contract shall attach an explanation to this form.
CONTRACTOR
-
C-k C1�t
By.
Signature
f
CA vv, e 1 C V , (VLeti r: t iA4
Name and Title
( I h 1(.: • <�ti,.r, h.)(,/
Street Address
Lc,k s, 73.30
City, State, Zip
2J152I
UEI Unique Entity Identifier(for SAM.gov verification)
Date
Sub-Recipient Name: Collier County Board of County Commissioners
DEM Contract Number: TBD
FEMA Project Number: TBD
EXHIBIT I-11
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Collier County Solicitation 22-8050R
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
COLLIER COUNTY
ANTICIPATED DISADVANTAGED, MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT
Ltatla be verifett UrNeri4aDe statusesw.1 require tile PP ME to either proide a reel statement or priyode source documentation that va Ashesa
Malta.
A. PRIME VENDOR/CONTRACTOR INFORMATION
PPiME NA ytE PPHi•E FE L,MEEP CON-TACT DO.LAP AtylCriUkiT
SU/At LO. V)(AA. 9._11061( t Sat 2-90• *CO
3 THE Pam! P.OiD,O.0 PFE.-.)DiS4Daaiita4417.1 ':ETEPANa N 5 THE ACTIVITY OF TH15 CONTFiACT.
MINOP,TY DP 1.SCIMEN EiLiSit,ESSEDIEITFRiSET ,
DEE T N conymucnoti
„DEE:LIEliskEEi OP HAkif 0SMALL DISAD4AMT4SED
S,IS1NE55 EA CERTIE1CATiDNEP,Drit THE SMALL EliiSirif.E5 5 UL'AT ONIT ••:>1
tilimiNiSTRATIONT A SEP iCE DISAELED yrfRAto Ntt Y 'tJ OTHECT ( )
SDE DA, Y N
-H 5 Oki A PEAsiciti= F E5, :ICN',10,1EEP
B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY,WOMEN-OWNED,SMALL
BUSINESS CONCERN OR SERVICE DISABLED VETERAN,PRIME ES TO COMPLETE THIS NEXT SECTION
DBE moiiirgtE SUBCONTRACTOR OR SUPPLER TYPE OF WORT:OP ETHNICITY CODE SUB/SUPPLIER PE PC E*a OF CONTRACT
VETERAN: NAME SPEC ALT,' ISee Be cm I DOLLAR AMOUNT DOLLARS
T:.T=iL5
C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR
NAME OF 5 DB VITTER DATE TITLE OF SUET/M-EP
GAN\ 2c 2'3 (-) k"(6$16:
EMAIL ADDRESS OF PRIME IS LIEMITTER) TELEPHONE NUMBER FAX NUMBER
CletY\VIC /k(C) 1,1/14
NOTE This info,rn Nick)it vied to tied.ano neuor.anticipated DEiE or MBE DaPticisatioik I,it:tivari-Juiced trotram The aciticipated OE or
MBE'moult a ioluriteri and 4"11 not become part ethe C onttactue:tenna, rhis frn mast be subm tted at tme o;response to a
soltdfition I and when a aided a Coulti:Dwain,the:time mt.be aseed to update tire Inittrnetion'or the grant cchnpircinCe Ces.
ETHNiCTEY CODE
E Ts},:..t-e•can ea
tidpaNa' Carl
NatNe American NA
::41:0CCIL.4s a r,e-can 54L
Aslar-F :IicA'tre.,can APA
'y -nen lLi
C/the'k,not of any otter tCLID hlIfed
D.SECTION TO BE COMPLETED BY COLLIER COUNTY
DE=APTIVENT NAME COL.CF :FE FTT,air Of LTRAky-T PP OGRAWC Ot.TP ACT
ACCEPTED EY DATE
EXHIBIT I-12
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Collier County Solicitation 22-8050R
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
LOBBYING CERTIFICATION
jTo be submitted with each bid or offer exceeding$100,0001
The undersigned[Contractor]certifies,to the best of his or her knowledge, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person
for influencing or attempting to influence an officer or employee of an agency, a Member of Congress. an officer
or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to
Report Lobbying,"in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements)and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by 31, U.S.C. § 1352(as amended by the Lobbying Disclosure Act of 1995).Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000
for each such failure.
The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and
disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. §3801 et
seq., apply to this certification and disclosure, if any.
�� Gt (cc I f'ct _s
Contractor(Firm Name)
Signature of Contractor Authorized Official
Name and Title of Contractor's Authorized Official
Date
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